OMPRAKASH Vs. STATE

JUDGEMENT

(1.) This is a petition under section 482 Cr.P.C. against the order dated 25.01.2010 of learned MM whereby directions were given to the police under section 156(3) Cr.P.C. for registration of an FIR against the petitioners.

(2.) The case has peculiar facts. The petitioners are police officers. One Nisheet Aggarwal in his complaints made to the police of P.S. Nangloi on 02.07.2008 and 26.07.2008 had complained that he was owner of premises bearing No. 643 (New No. 1579), Khasra No. 229, Village Mundka having purchased the same from Smt. Laxmi Devi wife of Pratap Singh, whereas Chand Rani, Syani Devi and Bhim Singh had been threatening and harassing him for the same have put their lock over his lock on the premises. Similar complaints were made by him on 7th August 2008 and also on 10th August, 2008. In the mean time on 18.08.2008 and on 26.08.2008 complaints were made by Smt. Chand Rani to P.S. Nangloi alleging execution of sale deed in favour of Nisheet Aggarwal of the aforesaid property to be a fraudulent and bogus one and claiming herself to be the owner and in possession of the same.

(3.) Since no action was taken by the police on the complaint of Nisheet Aggarwal, he made a complaint to the Commissioner of Police. The inquiry was got conducted by the Addl. DCP (Vigilance), who vide his report dated 06.01.2009 while finding fault of inaction on the part of the local police reported that Smt. Laxmi Devi had sold the aforesaid property through the registered sale deed dated 19.06.2008 to the complainant Nisheet Aggarwal. The operative part of the inquiry report was as under: